M/S. Zee Learn Limited v. M/S. Speed Logistics

sl 117 of 2015 (902).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.117 OF 2015 WITH NOTICE OF MOTION (L) NO.356 OF 2015 M/s. Zee Learn Limited ...

Plaintiff versus M/s. Speed Logistics ...

Defendant Mr. J.P. Sen, Senior Advocate with MR. R. Peermudin i/by M/s. Sapna Rachure, for Plaintiff.

MR. Pritesh Rajgor with Mr. Nishant Jain, for Defendant. CORAM: S.J. KATHAWALLA, J.

DATE: 16th FEBRUARY, 2015 P.C.:

1.

Heard the learned Advocates for the parties and by consent, the following order is passed :

(i) The disputes between the parties arising out of the Service Agreement dated 01-06-2013 are referred to the sole Arbitration of Mr. Ashish Kamat, Advocate.

(ii) The learned Arbitrator shall endeavour to pass his Award within a period of 6 months from the date of this order. (iii) The parties and their Advocates shall meet the learned Arbitrator in his Chambers on 20th February, 2015 at 5.30 p.m., and obtain necessary ssp 1/2

sl 117 of 2015 (902).sxw directions in the matter.

(iv) The parties shall on 23rd February, 2015 prepare a joint inventory of the material lying in the warehouse of the Defendant in the presence of Mr. Rohan Patil, representative of the Court Receiver and thereafter, hand over the said material to the Plaintiff.

(v) The Plaintiff shall also provide Bank guarantee of a nationalized bank in the sum of Rs.1 Crore in favour of the Defendant initially for a period of one year and shall renew the same from time to time, till final orders are passed in the Arbitration proceedings.

(vi) The Defendant shall be at liberty to file its Counter Claim before the learned Arbitrator.

(vii)The parties shall also be at liberty to move the learned Arbitrator seeking appropriate reliefs under Section 17 of the Act, which Application shall be decided by the learned Arbitrator on its own merits. (viii)All contentions of the parties are kept open. (ix) The venue of the arbitration shall be at Mumbai. (x) The above Suit as well as Notice of Motion accordingly stand disposed of. Refund of Court Fees, if any, as per rules. ( S.J.KATHAWALLA, J. ) ssp 2/2